UK Residence Card for Spouse and Daughter
Mar 8th 2017, 10:19 pm
#16
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: UK Residence Card for Spouse and Daughter
Hmmm.. I have to admit this whole process is very confusing. I was born in Canada and my parents were married and Canadian passport holders for many years prior to my birth in 1971. The number of British citizens by default is enormous if this is the case.
In any event, when I applied for my Tier 2 Visa in 2014, it never was flagged by our immigration lawyer at the time. I think most people living in Canada (or the US for that matter) under the same set of circumstances wouldn't even think twice about their status.
So, our only option at this point is really to go down the permit route for my wife and daughter and chance it based on my British citizenship (that I never knew I actually had!). Waiting for my daughter to get her passport would be long time. It takes months to get the Foreign Birth Registration done and then time after that for her passport. She would miss a ton of school, so not an option.
If I cancelled the British passport process, what is the chances that if I submitted an EEA Dependent application that they would actually check? I have never claimed British citizenship. Sounds dodgy, I know.
In any event, when I applied for my Tier 2 Visa in 2014, it never was flagged by our immigration lawyer at the time. I think most people living in Canada (or the US for that matter) under the same set of circumstances wouldn't even think twice about their status.
So, our only option at this point is really to go down the permit route for my wife and daughter and chance it based on my British citizenship (that I never knew I actually had!). Waiting for my daughter to get her passport would be long time. It takes months to get the Foreign Birth Registration done and then time after that for her passport. She would miss a ton of school, so not an option.
If I cancelled the British passport process, what is the chances that if I submitted an EEA Dependent application that they would actually check? I have never claimed British citizenship. Sounds dodgy, I know.
If you cannot get an Irish passport for your daughter in a timely fashion then you'll need to apply for a settlement visa for your daughter in addition to a spouse visa for your wife. As the child of a British citizen she'll be given Indefinite Leave to Enter. After three years of living in the UK with you she'll then be eligible for registration as a British citizen.
Given that the Home Office is now aware you're a British citizen by descent I very much doubt an EEA application would be successful, not that I would recommend trying to game the system in any scenario. It invariably ends in tears.
Providing you earn over £18,600 p.a. then your wife's spouse application will be relatively straightforward. Pay for priority processing and you could be looking at a two week turnaround.
Mar 8th 2017, 10:51 pm
#17
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
Thanks. Did you mean Indefinite Leave to Remain? I can't see an app for Indefinite Leave to Enter. If so, is there an advantage to doing this over just including my daughter on the spouse visa online application? I take it I will likely save on the IHS as the ILR route is exempt?
Mar 8th 2017, 11:02 pm
#18
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: UK Residence Card for Spouse and Daughter
Thanks. Did you mean Indefinite Leave to Remain? I can't see an app for Indefinite Leave to Enter. If so, is there an advantage to doing this over just including my daughter on the spouse visa online application? I take it I will likely save on the IHS as the ILR route is exempt?
Mar 10th 2017, 1:06 pm
#19
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
Would my daughter be eligible for ILR if the dates of arrival were the same as my wife and myself? Maybe I am confusing myself here, but I thought I read that she couldn't do that and would have to apply on the visa as my wife. Or is this not applicable if they are both coming off a Tier 2 Visa?
So just that I am clear.. My daughter would do this application.. SET(F)
https://www.gov.uk/government/public...r-18-form-setf
And my wife would do this one online.
https://www.gov.uk/remain-in-uk-family/apply
So just that I am clear.. My daughter would do this application.. SET(F)
https://www.gov.uk/government/public...r-18-form-setf
And my wife would do this one online.
https://www.gov.uk/remain-in-uk-family/apply
Mar 10th 2017, 2:17 pm
#20
Concierge
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,220
Re: UK Residence Card for Spouse and Daughter
The problem is that the Home Office have already told you you are a British Citizen, you do NOT have to claim it it is yours by birthright. Therefore you can't go down the EEA route in the UK, that is only for non British Citizens. As the home office know all this, then any application will be rejected. BiP is the resident guru and you would be well advised to take his advice.
Mar 10th 2017, 2:22 pm
#21
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
Yep, all good on that front now. The process is all very confusing, so it is good to get all the facts and know what I can and can't do.
Mar 10th 2017, 6:54 pm
#22
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,154
Re: UK Residence Card for Spouse and Daughter
The problem is that the Home Office have already told you you are a British Citizen, you do NOT have to claim it it is yours by birthright. Therefore you can't go down the EEA route in the UK, that is only for non British Citizens. As the home office know all this, then any application will be rejected. BiP is the resident guru and you would be well advised to take his advice.
Mar 10th 2017, 8:53 pm
#23
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: UK Residence Card for Spouse and Daughter
Would my daughter be eligible for ILR if the dates of arrival were the same as my wife and myself? Maybe I am confusing myself here, but I thought I read that she couldn't do that and would have to apply on the visa as my wife. Or is this not applicable if they are both coming off a Tier 2 Visa?
So just that I am clear.. My daughter would do this application.. SET(F)
https://www.gov.uk/government/public...r-18-form-setf
And my wife would do this one online.
https://www.gov.uk/remain-in-uk-family/apply
https://www.gov.uk/government/public...r-18-form-setf
And my wife would do this one online.
https://www.gov.uk/remain-in-uk-family/apply
Mar 10th 2017, 9:20 pm
#24
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
The only online form I see is this one as my family is already living in the UK.
https://www.gov.uk/remain-in-uk-family/apply
And it states the following...
***
Apply on the basis of family life or private life in the UK
Use this online application as an alternative to the FLR(M) and FLR(FP) paper forms.
Apply to remain in the UK as the family member or partner (for example, spouse) of a:
British citizen
person settled in the UK
person who has refugee leave or humanitarian protection in the UK
You can also use this form to apply on the basis of private life in the UK.
You can add some family members (‘dependants’) to your application. For example, if you are applying as a partner with two children, you can all apply on the same application.
You cannot use this form to apply for settlement (also known as ‘indefinite leave to remain’)
***
If you go through the online application, it does allow you to add a child, but it is the same 2.5 year timeframe and you have to pay the IHS. Otherwise, you have to fill in the SET (F) application manually for ILR.
If there is another way, please let me know... Thanks!
https://www.gov.uk/remain-in-uk-family/apply
And it states the following...
***
Apply on the basis of family life or private life in the UK
Use this online application as an alternative to the FLR(M) and FLR(FP) paper forms.
Apply to remain in the UK as the family member or partner (for example, spouse) of a:
British citizen
person settled in the UK
person who has refugee leave or humanitarian protection in the UK
You can also use this form to apply on the basis of private life in the UK.
You can add some family members (‘dependants’) to your application. For example, if you are applying as a partner with two children, you can all apply on the same application.
You cannot use this form to apply for settlement (also known as ‘indefinite leave to remain’)
***
If you go through the online application, it does allow you to add a child, but it is the same 2.5 year timeframe and you have to pay the IHS. Otherwise, you have to fill in the SET (F) application manually for ILR.
If there is another way, please let me know... Thanks!
Mar 10th 2017, 9:42 pm
#26
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
Welcome to the Visa4UK service, you can apply for a UK visa using this service if you’re an applicant who is not currently in the UK.
They are already here, so can't use this unfortunately.
They are already here, so can't use this unfortunately.
Mar 10th 2017, 9:48 pm
#27
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: UK Residence Card for Spouse and Daughter
As already stated, your wife and daughter will need to return to Canada to make their applications.
Mar 10th 2017, 10:12 pm
#28
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Joined: May 2010
Location: San Diego, California
Posts: 9,666
Re: UK Residence Card for Spouse and Daughter
A most confusing case ...... not sure I have got all the info.
If the OP has now been identified as a British citizen, and his Tier 2 visa has not yet expired, why can they not switch from Tier 2 dependent to spouse visa/dependent child visa using the FLR(FP) route?
People on Tier 4 student visas, get married in the UK and then switch to spouse visas while in the UK. Is there any reason Tier 2 dependents can't?
The OP sounds as though he can meet the financial requirements.
Whether or not it resets the Indefinite Leave to remain timeframe is not important is it?
If the OP has now been identified as a British citizen, and his Tier 2 visa has not yet expired, why can they not switch from Tier 2 dependent to spouse visa/dependent child visa using the FLR(FP) route?
People on Tier 4 student visas, get married in the UK and then switch to spouse visas while in the UK. Is there any reason Tier 2 dependents can't?
The OP sounds as though he can meet the financial requirements.
Whether or not it resets the Indefinite Leave to remain timeframe is not important is it?
Mar 10th 2017, 10:16 pm
#29
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Joined: Mar 2017
Posts: 16
Re: UK Residence Card for Spouse and Daughter
A bit of a misunderstanding as that will be tricky to get done. Our current Tier 2 visa expires on the 1st of April and we wanted to get this process done (using Premium at this point) here before we leave on vacation on the 8th of April. That way there are no issues coming back into the UK.
I thought we could (and it looks like we can) do this from the UK before our current visa expires. Thoughts?
I thought we could (and it looks like we can) do this from the UK before our current visa expires. Thoughts?
Mar 10th 2017, 10:19 pm
#30
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: UK Residence Card for Spouse and Daughter
A most confusing case ...... not sure I have got all the info.
If the OP has now been identified as a British citizen, and his Tier 2 visa has not yet expired, why can they not switch from Tier 2 dependent to spouse visa/dependent child visa using the FLR(FP) route?
People on Tier 4 student visas, get married in the UK and then switch to spouse visas while in the UK. Is there any reason Tier 2 dependents can't?
The OP sounds as though he can meet the financial requirements.
Whether or not it resets the Indefinite Leave to remain timeframe is not important is it?
If the OP has now been identified as a British citizen, and his Tier 2 visa has not yet expired, why can they not switch from Tier 2 dependent to spouse visa/dependent child visa using the FLR(FP) route?
People on Tier 4 student visas, get married in the UK and then switch to spouse visas while in the UK. Is there any reason Tier 2 dependents can't?
The OP sounds as though he can meet the financial requirements.
Whether or not it resets the Indefinite Leave to remain timeframe is not important is it?